EU Competition Law Procedural Issues

Developments in the last 12 months brought helpful clarification in relation to the European Commission’s powers to conduct on-site inspections in the form of two parallel judgments by the General Court in Nexans and Prysmian and the issuance of a revised explanatory note on the European Commission’s inspection powers under Article 20(4) of Regulation 1/2003.

Recent developments have also highlighted issues raised by the limited nature of Legal Professional Privilege in EU competition law.